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Where am I now? Lawlink > Law Reform Commission > Publications > Table 2: Offenders - Types of Crime

Report 80 (1996) - People with an Intellectual Disability and the Criminal Justice System

Table 2: Offenders - Types of Crime


1. Offenders with an Intellectual Disability: Incidence of sex offending similar for prisoners with an intellectual deficit (3.7%) and the non-intellectually disabled (4%).

Source (see Select Bibliography for full citation): NSW: Hayes and McIlwain (1988) at 36.

2. Offenders with an Intellectual Disability: 13% of registered clients with the Office of Intellectual Disability (Community Services Department) had been involved with the criminal justice system as offenders, the most common offences being theft and indecent or sexual assault

Source (see Select Bibliography for full citation): Victoria: Bodna (1987) at 13-15.

3. Offenders with an Intellectual Disability: Of the 77% of Disability Service (intellectually disabled) clients surveyed: 1.7% had been convicted of a criminal offence, 33% of these offences were considered of a type dangerous to public safety.

Source (see Select Bibliography for full citation): Victoria: Community Services Victoria, Office of Intellectual Disability Services, Submission to the Victorian Parliament Social Development Committee's Inquiry into Mental Distrubance and Community Safety (Fourth Report, 1992) at 121.

4. Offenders with an Intellectual Disability: 66.7% of intellectually disabled and 46.2% of borderline offenders incarcerated for offences against the person as compared with 4.5% of the non-intellectually disabled prison population.50% of intellectually disabled and 30.8% of borderline offenders incarcerated for sex offences as compared with 15.4% of the non-intellectually disabled prison population.

Source (see Select Bibliography for full citation): WA: Jones and Coombes (1990) at 21-22.

5. Offenders with an Intellectual Disability: 35.4% of sample group convicted of property offences as compared to 1.8% of general prison population.

6. Offenders with an Intellectual Disability: 11.8% of sample group convicted of sex offences and traffic offences, as compared with 10.4% and 15.9% respectively in the general prison population.

7. Offenders with an Intellectual Disability: 5.9% of sample group convicted for theft as compared with 24.6% in general prison population.

Source (see Select Bibliography for full citation): WA: Fitzgerald and Downs-Stoney (1987) at 9.

8. Offenders with an Intellectual Disability: 63.1% of intellectually disables offenders in Kentucky prisons had committed crimes against the person and 36.9% against property.

Source (see Select Bibliography for full citation): USA: State of Kentucky, Legislative Research Commission "Mentally retarded offenders in adult and juvenile correctional institutions" (1975) cited in Sanatamour and West (1977) at 8.

9. Offenders with an Intellectual Disability: No significant relationship between intellectual disability and type of offence committed.

Source (see Select Bibliography for full citation): USA: W McConochie "Juvenile delinquents: Relationships between WISC score, offences, race, chronological age, and residence"(1970) cited in Santamour and West (19770 at 8.

10. Offenders with an Intellectual Disability: 50% of intellectually disabled prisoners convicted of sex offences.

Source (see Select Bibliography for full citation): USA: G Gross Activities of the Deveolopmental Disabilities Adult Offenders project (1985) cited in W Glaser "A comparison of intellectually disabled and non-disabled sex offenders" in Freckelton, Greig and McMahon (eds) (1991) 243 at 247.

11. Offenders with an Intellectual Disability: 10-15% of sex offenders are intellectually impaired.

Source (see Select Bibliography for full citation): USA: W Murphy, E Coleman and M Haynes "Treatment and evaluation issues with the mentally retarded sex offender" (1983) cited in W Glaser " A comparison of intellectually disabled and non-intellectually disabled sex offenders" in Freckelton,, Greig and McMahon (eds) (1991) 243 at 243.

12. Offenders with an Intellectual Disability: Nearly 40% of offender found to be intellectually disabled were sentenced for criminal homicide (not necessarily murder). Intellectually disabled prisoners found to have committed higher ratio of homicide and other violent crimes, and had more convictions and a longer history of imprisonment, than non-disabled prisoners.

Source (see Select Bibliography for full citation): USA: R Allen "Legal norms and practices affecting the mentally deficient" (1968) cited in S Hayes "Prosecutorial descretion and mentally abnormal offenders" in Potas (ed) Prosecutorial Discretion (1984) 191 at 194.

13. Offenders with an Intellectual Disability: 50% of victims of sex offences with an intellectual disability are women, compared to 89% of victims of non-intellectually disabled sex offenders.

Source (see Select Bibliography for full citation): USA: D Griffiths, D Hingsburger and R Christian "Treating developmentally handicapped sexual offenders: The York Behavioural Management Services Treatment Program" (1985) cited in Hayes "Sex offenders" (1991) at 2.

14. Offenders with an Intellectual Disability: Percentage of intellectually disabled offenders dealt with for sexual offences was six times higher than the percentage for all offenders.

Source (see Select Bibliography for full citation): UK: G Simon "A manual of practice" (1980) cited in M Little "Sport and recreation: Help for intellectually disabled offenders" in Challinger (ed) (1987) 113 at 117.

15. Offenders with an Intellectual Disability: 15% of adolescent and 10% of adult arsonists were intellectually disabled.

Source (see Select Bibliography for full citation): Canada: J Bradford and J Dimock "A comparitive study of adolescents and adults who wilfully set fires" (1986) cited in Hayes and Craddock (1992) at 44.

16. Offenders with an Intellectual Disability: 3-4% of exhibitionists and paedophiles are intellectually disabled.

Source (see Select Bibliography for full citation): Canada: J Mohr, R Turner and M Jerry Paedophilia and Exhibitionism, Toronto (1964) cited in W Glaser " A comparison of intellectually disabled and non-disabled sex offenders" in Freckelton, Greig and McMahon (eds) (1991) 243 at 247.

17. Offenders with an Intellectual Disability: Higher and increasing incidence of sex offenders among intellectually disabled persons.

Source (see Select Bibliography for full citation): Denmark: L Lund "Mentally retarded criminal offenders in Denmark" (1990) cited in W Glaser "A comparison of intellectually disabled and non-disabled sex offenders" in Freckelton, Greig and McMahon (eds) (1991) 243 at 247.

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